been clearly provided in that Article 107 (2) that the extraordinary jurisdiction provided to this court is not only for the enforcement of the fundamental rights conferred by the Constitution or but also for the enforcement of any other legal right for which no other remedy has been provided or for which the remedy even though provided appears to be inadequate or ineffective. Looking into the provision of the Section 25 of the Electoral Rolls Act, 2006, the legislature has obliviously intended to place the subject of Electoral Rolls prepared by the Election Commission outside of the judicial scrutiny. Rolls by the enrollment Officer or the authorized person deputed by him or her or the alteration made by the concerned Official in the Electoral Rolls pursuant to this Chapter. 25. The question that the provision of Section 25 of the Electoral Rolls Act, 2006 is inconsistent with the Article 129 and 107 (2) of the Interim Constitution of Nepal, 2007 had been raised in the Writ Petition of 067-WS-0019, Sunil Ranjan Singh v. Election Commission urging for declaring it void. In that writ petition, the Special Bench of this Court in its order dated 2067/9/8 (December 23, 2010) has interpreted as follows: 28. In the context that the right to vote is legal right and the citizens cannot exercise that right unless their names are registered in the Electoral Rolls, therefore, if any citizen has been deprived from exercising voting right by illegally not registering his/her name in the Electoral Rolls, he/she will not have to remain helpless of being without remedy although the Section 25 has not provided ordinary remedy to the citizen suffered from it. His/her right to get remedy under extraordinary jurisdiction for the enforcement of the legal right for which no other alternative remedy has been provided by the ordinary law. Therefore, it cannot be held that the provision of the Section 25 of the Electoral Rolls Act, 2006 has provided excessive power to the Election Commission and thus is inconsistent to the Article 107(2) of the Constitution. “To consider whether the provision of the Section 25 of the Electoral Rolls Act, 2006 that provides that no question shall be raised in any court in relation to the Electoral Rolls prepared by the Election Commission is inconsistent to the provision of extra ordinary jurisdiction granted to this court by the Article 107 of the Constitution. Article 1 of the Interim Constitution of Nepal, 2007 has adopted the principle of constitutional supremacy. That provision of Article 1 is directly dependant to the Article 107 of the Constitution. The provisions of Article 1 and Article 32 cannot be materialized in absence of Article 107. Therefore, the extraordinary jurisdiction entrusted to this court by the Article 107 of the constitution has pivotal role in materializing the principle of constitutional supremacy envisaged by the constitution. The extraordinary jurisdiction of this court cannot be controlled or limited by any law made by the legislature. 29. Every election either it may be the election of national legislature, referendum or the election of local bodies, it is conducted as national campaign. Such elections often conducted in the interval of five years is conducted after the preparation of long run, continuous labor of the civil servants, home work and expenditure of large amount of national wealth. Such elections have to be held in the date previously scheduled/predetermined by the Election Commission. If the election is not conducted in time, not only the national resources and wealth is spent but also it creates legal and constitutional complications. Therefore, it is necessary to conduct the election in the date and time determined by the Election Commission. Therefore, the programs of preparation and conduction of election have to be scheduled by the Election Commission in prior date and should be conducted the predetermined program in scheduled time and date. Otherwise, election cannot be conducted in the schedule. 26. The proviso to the Article 107(2) reads as “Provided that, except on the ground of absence of jurisdiction, the Supreme Court shall not under this Clause interfere with any proceedings and decisions of the Legislature-Parliament concerning violation of its privileges and penalties imposed for it.” Making such provision the article has opened the jurisdiction of this court for examining the constitutionality of all the acts carried out by all the other bodies. Therefore, the provision made in the Section 25 of the Electoral Rolls Act, 2006 cannot ignore or dishonor, minimize or limit or control in any form to the extraordinary jurisdiction provided to this court by the Article 107 of the Constitution. 27. The right to vote is not a fundamental right. The right to vote is legal or statutory right. Therefore, our constitution has not incorporated the voting right under fundamental rights. It has 30. All the steps of election from the collection of Electoral Rolls to the declaration of the 41 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION

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